Highway Safety | No Parking Of Heavy Vehicles, No Unauthorised Dhabas : Supreme Court Issues Directions

Recognizing the "safety of a commuter" as an integral facet of "right to live with dignity" under Article 21 of the Constitution, the Supreme Court recently passed a slew of directions to address systemic and infrastructural issues plaguing national highways and expressways in the country.It ordered inter-alia immediate removal of all unauthorized encroachments such as dhabas, eateries, etc. falling in the Right of Way of any national highway. It further directed provision of basic life support ambulances and truck lay-bye facilities at regular intervals on highways."A road, particularly a high-speed Expressway, must not become a corridor of peril due to administrative lethargy or infrastructural gaps. The loss of even a single life to avoidable hazards like illegal parking or blackspots etc., represents a failure of the State's protective umbrella. The 'Right to Life' enshrined under Article 21 of the Constitution of India is not merely a guarantee against the unlawful taking of life, but a positive mandate upon the State to ensure a safe environment where human life is preserved and valued", the Court noted.A bench of Justices JK Maheshwari and Atul Chandurkar passed the order - while invoking its Article 142 powers - in the suo motu case taken up in the aftermath of two tragic highway accidents - one, in Rajasthan's Phalodi, where a tempo traveler slammed into a stationary truck on November 2, and the other, in Telangana's Rangareddy, where a passenger bus collided with a gravel-carrying truck on November 3.Cumulatively, the two accidents had resulted in a loss of 34 lives. Last year, the Court directed the National Highways Authority of India (NHAI) and the Ministry of Road Transport and Highways (MoRTH) to submit reports on roadside dhabas and road maintenance conditions. Thereafter, on the Court's suggestion, Senior Advocate ANS Nadkarni (Amicus) and Solicitor General Tushar Mehta held deliberations and tendered their suggestions for interim directions. The NHAI also placed on record its comments.In this backdrop, the Court has issued the following directions:a) Prohibition on Authorized Parking: Heavy/commercial vehicles shall not shall park or stop at any National Highway carriageway or paved shoulder, except in a designated space.b) Inspection, Survey and Citizen Grievance: Union and State authorities shall file a consolidated report on dedicated inspection teams, demolishing of encroachments, activation of toll-free number for encroachment complaints, etc.c) Encroachment Prohibition and Removal: No new dhaba, eatery or commercial structure shall be constructed or allowed to operate within the Right of Way on any national highway. Within 60 days, the District Magistrates shall ensure removal of all such unauthorized structures.d) Grant and Renewal of License, NOC or Trade Approval: No license, trade approval or no-objection shall be granted by any authority for any site within highway safety zones, without prior clearance by NHAI/PWD. All existing licenses shall be reviewed within 30 days.e) District Highway Safety Task Force (DHSTF): A DHSTF shall be constituted for every district through which a national highway passes. The District Collector and Commissioner of Police/Superintendent of Police shall bear joint responsibility for timely encroachment removal. State governments to also issue notification prohibiting change of land use (as prescribed).f) Surveillance, Patrolling and Illegal Parking: Dedicated patrolling teams comprising state police and transport department personnel to be constituted within 30 days for regular National Highway patrolling.g) Operationalization of ATMS: NHAI shall operationalize its Advanced Traffic Management System comprising TMCC cameras, VSDS speed detectors, VIDS cameras, Variable Message Signboards, and Emergency Call Boxes across all 4/6-lane highways and expressways. Non-operational units to be made operational within 60 days.h) Emergency Response and Wayside Amenities: NHAI shall deploy within 60 days Basic Life Support ambulances and recovery cranes at every national highway, at intervals not exceeding 75 km.i) Construction of Truck Lay-Bye Facilities: Truck lay-bye facilities to be constructed on every national way at every 75 km interval. All wayside amenities to include at minimum rest areas, food services, washrooms, safe parking, first-aid facilities, and retro-reflective signage visible from 500m.j) NHAI and MoRTH to consider providing extra truck lay-bye facilities wherever possible.k) Accident Blackspots and Lighting: NHAI/MoRTH to identify accident blackspots on national highways and publish a list within 45 days. NHAI to further mandate installation of high intensity LED/high-mast lighting, speed enforcement cameras, retro-reflective warning signs, and transverse bar markings at every blackspot.l) Institutional Co-ordination, Reporting and Road Safety Committee: MoRTH to place before the Court a report on constitution of an Inter-State Highway...

Highway Safety | No Parking Of Heavy Vehicles, No Unauthorised Dhabas : Supreme Court Issues Directions

Debby Jain

While national highways constitute about 2% of India’s total road length, they account for nearly 30% of all road fatalities, the Court noted.

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